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A Missouri small estate affidavit, or ?Affidavit to Establish Title of Distributee,? is used to collect and distribute the property of a decedent without a full estate administration by the court.
Rules that Apply to the Missouri Affidavit of Heirship This method can be used for real estate only. The real estate must be titled into the name of the deceased individual. The deceased person must have been dead for more than one year. No will can have been admitted to probate within one year.
Knowing where the decedent's domicile (where the decedent had his or her primary residence) was at date of death is key when figuring out where you must probate the assets and what state you must pay taxes to (although real estate is subject to state estate or inheritance tax, if any, in the state in which it's located ...
Once the small estate affidavit is drafted and signed in front of a notary, it must be filed with the Probate Court in the county of the residence of the deceased person.
Depending on what's included in the deceased's estate, there is a legal instrument known as an affidavit of heirship that can both identify heirs and make sure the estate is distributed properly.
A determination of heirship proceeding is a special type of probate proceeding that only occurs if there was no will to probate, or alternatively, a will was not timely presented for probate within one year.
Selling a House with Multiple Inheritors in Missouri: If the inherited property has multiple heirs, the majority can decide to sell the house by filing a lawsuit of partition action in the state probate court of Missouri.
It will need to be signed by all parties and their spouses (if married), and the papers will need to be filed in the county recorder's office where the property is located. Once this is completed, the real estate will have been officially transferred to the heirs, probate-free.